Banksy, the anonymous British graffiti artist, risks losing the right to his own name in a landmark case brought against him by a greeting card company.
The company is called Full Colour Black and it sells cards emblazoned with images of street art, including works by Banksy. Its owner, Andrew Gallagher, argues that the artist has failed to use his “Banksy” trademark. As a result, he’s calling for it to be cancelled for “non-use.”
Banksy denies this, claiming that he has used the trademark to sell his work and merchandise.
The case will play out in court in April during a tribunal at the Intellectual Property Office. It is likely to be one of the first times Banksy and his team stand up and speak publicly as they give evidence.
In a rare public statement, Banksy said, “A greeting card company is contesting the trademark I hold to my art, and attempting to take custody of my name so they can sell their fake Banksy merchandise legally.”
Previous statements and announcements from the artist have come via his Instagram account or through his Pest Control Office company.
Gallagher has reportedly already thrown one lawsuit at Banksy for defamation in another case. It involves an Instagram post by the artist that allegedly encouraged his followers to steal from the GUESS clothes store on Regents Street in Central London after it promoted an apparent collaboration.
The Sun tabloid newspaper quoted a source as saying, “They will have to stand up like a ventriloquist’s puppet and say Banksy’s words in the tribunal.”
“Banksy may be in court but we won’t know who he is,” they said.
An employee from Pest Control Office will try to prove in court that the artist has sold merchandise between 2017 and 2022.
The firm charges to authenticate Banksy images and says it sold several items including clocks, mugs, T-shirts, clocks, and a handbag through his online store.
The artist set up a pop-up shop called Gross Domestic Product in 2019, but it never officially opened to the public. It displayed his merchandise such as the stab-proof vest worn by British rapper Stormzy on stage at Glastonbury.
Banksy has previously criticized commercialism. He even one wrote that “copyright is for losers.” However, his team said this does not give the public “free rein to misrepresent the artist and commit fraud.”
“He’s had the registrations for years and hasn’t used them,” another source reportedly told The Sun. “Everyone and his dog uses Banksy descriptively, when you see Banksy describing something you don’t necessarily think it comes from Banksy, it doesn’t function as a trademark anymore. He hasn’t sold things with the word Banksy, he doesn’t do spin off and merchandise.”
They added that the artist owning the trademark is “problematic for the industry [because it] allows Pest Control to flex their muscles in a way that is potentially unfair for competition.”
